machines would be
suggestive marks, „Roller Blade and Weight Watchers‟ can be descriptive
marks and „Aspirin‟ would be a generic mark. It is emphasised that ... generic" element of marks
If a common portion of the two conflicting marks is a
public domain generic name, the emphasis of enquiry
should
right to use the mark "BELLS WHIP TOPPING" the
defendant has stated that the plaintiffs‟ mark is generic in nature ... Oxford English Reference Dictionary, 2nd Edition,
Revised; Mc Carthy on Trade Marks, Generic Terms; CES
Publishing Corporation vs. St. Regis Publication Inc. 531F2d
mark „Ozone‟ is a
registered trade mark in favour of the plaintiff and secondly the
defendant himself has applied for registration of the trade mark ... defendant to contend now that the mark is a
generic mark, in fact the defendant is debarred from raising such a plea
in view
reiterating the position that the mark
Netmycin is distinctive and it distinguishes
Respondents mark Netmycin from all other marks
containing Mycin, Micin ... statutory right to use that trade mark. The
Appellants have adopted their trade mark
NETROMYCIN from the generic drug name
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Mark Sullivan etc., et al) , wherein it is held as follows:
"Burden of proof is on party seeking to have registered mark declared generic ... learned counsel also relied on various foreign judgment relating to generic/descriptive mark like "sandwitch chef" and "burger chef". "Eveready
that the defence taken up by the
defendant that the mark ―LOW ABSORB‖ was generic or descriptive is not a defence
available in an action ... line 30. It was
Mr Sethi's contention that a generic mark can acquire secondary meaning. In support of
this submission reliance was placed
using the trade mark
LYDROXIL and Ethylex is using the trade mark EDROXIL. Comed
Chemicals Private Limited is using the trade mark CODROXIL. Lupin
Laboratories ... preparation under
trade mark Enerjex . Adoption of trade mark Enerjase by
defendant for selling Ayurvedic
medicinal preparation. Prefix for both marks viz. Enerj is
common
mark for
registration. STIPL‟s was already a registered mark and in that context it
had to be seen whether the mark sought ... challenged the disclaimer with regard to „LEAF‟, which was obviously a
generic mark in respect of tea. The word „LEAF‟ was indicative of the
grades
Mark "Walker" and/or
"Morning Walker". This mark was adopted by the plaintiff/petitioner
in July 1995 and such mark ... established the mark has been registered and so also the copy right
and if the mark is not found to be generic word the order
Pernod Ricard SA France , to submit that where the mark is generic or
descriptive, claims for infringement or passing off, are inherently weak ... about it.
14. There are some rulings which suggest that where marks are generic, or descriptive, or
relate to common terms, the claim for distinctiveness
